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Disclosure of Employment Records Policy

Version 1.0 Updated 19 Mar 2018
Policy Manage

Who can use this Policy?

This policy can be used by all employers.

Commentary

This Policy covers the collection, use, access and disclosure of prospective employee’s application files and current or former employee records.

Collecting personal information concerning employees or prospective employees is a necessary aspect of running a business. Personal information is information that can identify an individual, and employers should handle such information with care and ensure that disclosure is not contrary to obligations contained under privacy laws. 

Certain employers have obligations under federal privacy laws. For instance, a private sector organisation which is:

  1. expected to have an annual turnover of $3,000,000
  2. a health service provider
  3. trading in personal information
  4. related to a larger business
  5. a contractor that provides services under a Commonwealth contract
  6. a reporting entity for the purpose of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
  7. an operator of a residential tenancy database


Such organisations must ensure compliance with the Australian Privacy Principles contained in the Privacy Act 1998 (Cth) (Privacy Act). Employers should seek legal advice concerning what privacy laws will apply to their business.

Businesses that would not be covered by the Privacy Act, can choose to be treated as an organisation bound by the Privacy Act, and comply with the privacy laws, if they wish. Such businesses will need to Opt-in using the register provided by the Office of the Australian Information Commissioner.

This policy also provides for the circumstances in which employees will have access to their employment records.

This policy is general in nature and only governs the disclosure of employment records for prospective, current and former employees.

Workplace users should seek legal advice concerning specific privacy laws and how they will impact on their individual organisation.

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